§ 5-2. Alcoholic beverages.

(a)

In this section "unsealed container" means any container that is not the original container in which the alcoholic beverage was originally bottled, canned or otherwise encased. "Unsealed container" also means any container that has been opened, tapped or unsealed regardless of whether or not the container has been resealed or reclosed.

(b)

It is unlawful for any person to consume or drink any beer, wine, whiskey, or other beverage or liquid containing alcohol while such person is on the city beach or is on or in the Atlantic Ocean within fifty (50) feet of the city beach shoreline; provided, however, it is lawful for any person to consume and possess beer and wine on the county ocean pier.

(c)

It is unlawful for any person to be in actual or constructive possession of any unsealed bottle, can or other container that contains beer, wine, whiskey or other beverage or liquid containing alcohol when such unsealed container is within the boundaries of a city beach or is on or in the Atlantic Ocean within fifty (50) feet of the city beach shoreline.

(d)

It is unlawful for the owner, driver or possessor of any vehicle to have in such vehicle any unsealed bottle, can or other container that contains beer, wine, whiskey or other beverage or liquid containing alcohol while such vehicle is on the city beach.

(e)

Possession of an open or an unsealed container containing an alcoholic beverage by any person in the areas prohibited by this section shall be prima facie evidence of violation of this section.

(f)

Any law enforcement officer who legally discovers or observes abandoned or unclaimed alcoholic beverages or abandoned or unclaimed unsealed containers containing beer, wine, whiskey or other beverages or liquids containing alcohol on the city beach may seize the alcoholic beverage and/or unsealed container and remove same for evidence or destruction. No person shall have a claim of action against the law enforcement officer, the city or the city's employees for such lawful seizure or destruction of the container or its contents.

(Ord. No. 156, § 1, 5-23-86)